Loading...
HomeMy WebLinkAbout798 - OrdinancesORDINANCE NO. 798 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING AND SUPERSEDING SECTIONS 8.08.010 THROUGH 8.08.060 OF CHAPTER 8.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO ASSUME THE RESPONSIBILITIES FOR THE ENFORCEMENT OF THE MOBILEHOME PARKS ACT AND SPECIAL OCCUPANCY PARKS ACT OF THE CALIFORNIA HEALTH AND SAFETY CODE, AND TITLE 25, CHAPTERS 2 AND 2.2, OF THE CALIFORNIA CODE OF REGULATIONS THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS FOLLOWS: Section 1. Recitals. A. Pursuant to Chapter 8.08, Section 8.08.020 of the Rancho Cucamonga Municipal Code, the City of Rancho Cucamonga ("City') previously designated the County Department of Environmental Health Services for the enforcement of California Health and Safety Cade, Division 13, Part 2.1 ("Mobilehome Parks Act"), and related regulations of Title 25, California Administrative Code, within the City. B. Such enforcement by the County of San Bernardino Department of Environmental Health Services will cease after November 30, 2008. C. Effective December 1, 2008, the City assumes full responsibility for the enforcement of California Health and Safety Code, Division 13, Part 2.1, commencing with Section 18200 ("Mobilehome Parks Act"), and Part 2.3, commencing with Section 18860 ("Special Occupancy Parks Act") of the California Health and Safety Code, and their related administrative regulations contained in Title 25, Division 1, Chapters 2 and 2.2 of the California Code of Regulations (the "Regulations"). D. The effective date of assumption of enforcement responsibilities by the City shall be December 1, 2008. E. With the adoption of this Ordinance, the City intends to meet the public protection intent and provisions of the Mobilehome Parks Act, Special Occupancy Parks Act, and Regulations (collectively "State Mobilehome Laws"), to ensure that all mobile home parks within the City are maintained in a safe, sanitary and acceptable residential areas. Reasonable compliance with maintenance, sanitation, safety, use and occupancy provisions of the State Mobilehome Laws is anticipated within 90 days from the effective date of this Ordinance. Ordinance No. 798 Page 2 of 6 The City assumes responsibility for the enforcement of the California Health and Safety Code, Division 13, Part 2.1 commencing with Section 18200 ("Mobilehome Parks Act") and Part 2.3 commencing with Section 18860 ("Special Occupancy Parks Act") of the California Health and Safety Code and their related administrative regulations contained in Title 25, Chapters 2 and 2.2 of the California Cade of Regulations (the "Regulations") within the City. 8.08.020 Enforcement authority. The City hereby delegates the responsibility for the enforcement of the Mobilehome Parks Act, the Special Occupancy Parks Act Health, and the Regulations (collectively, the State Mobilehome Laws") to the Building and Safety Department. The City hereby designates the Building and Safety Official, as the person who is qualified to enforce the aforementioned Acts. 8.08.030 Enforcing officers. As needed to meet the program goal and objectives, the Building and Safety Official is directed to assign at least two qualified employees to enforce the provisions of the State Mobilehome Laws. 8.08.040 Fee schedule. The City hereby adopts the schedules of fees designated in the State Mobilehome Laws. 8.08.050 Statement of Objectives The City hereby adopts the statement of objectives contained in the State Mobilehome Laws. The City's specific objectives in assuming statutory authority from California Department of Housing and Community Development ("HCD") are to provide for timely and reliable enforcement of the State Mobilehome Laws regarding use, maintenance, and occupancy governed by said Acts; and to protect public health, safety and welfare. 8.08.060 Description of Existing Parks. Alta Laguna. The park was established in 1973 with 186 spaces. It is fully occupied at this time. The mobile homes are mostly double wide units. There is one ingress point at Baseline and an egress at Hermosa. The park currently provides several facilities and services, such as: clubhouse, laundry room, pool /spa, common area maintenance, RV parking, controlled access gates and exterior fencing. "8.08.010 City assumption of enforcement responsibility. Ordinance No. 798 Page 3 of 6 Alta Vista. The park was established in 1972. There are 294 spaces. However, there are 8 vacant lots in the park at this time. The park has two ingress and egress points. The park currently provides several facilities and services, such as: clubhouse, pool /spa, wading pool, common area maintenance, tennis courts, basketball court and exterior fencing. Casa Volante. The park was established in 1969 with 203 spaces. It is fully occupied with double wide units. One access point is located at Foothill and an emergency egress is located at Baker Road. The park currently provides several facilities and services, such as: clubhouse, laundry room, pool/spa, common area maintenance and exterior fencing. Chaparral Heights. The park was established in 1970 with 155 spaces. The park is fully occupied with double wide units. One access point is at Archibald and an emergency access also on Archibald. The park currently provides several facilities and services, such as: clubhouse, laundry room, pool /spa, common area maintenance, RV parking, bocce court and exterior fencing. Foothill Manor. The park was established in 1947 with 87 spaces. The park is mainly single wide mobile home units. One ingress point at Foothill and the egress access is on Hellman. The park currently provides several facilities and services, such as: clubhouse, laundry room, pool, common area maintenance, RV parking and exterior fencing. Pines. The park was established in 1965 with 165 spaces. The park is completely occupied with double wide units at this time. One access point is located at Foothill and two emergency egresses located at Hermosa Street. The park currently provides several facilities and services, such as: clubhouse, laundry room, pool /spa, common area maintenance, RV parking and exterior fencing. Ramona Villa. The park was established in 1974 with 149 spaces. The park is fully occupied with double wide units. One access point is located at Baseline and two emergency accesses on Ramona Street. The park currently provides several facilities and services, such as: clubhouse, laundry room, pool /spa, sauna, common area maintenance, RV parking and exterior fencing. Sycamore Villa. The park was established in 1965 with 96 spaces. The park has mainly double wide mobile home units. One ingress access at Foothill and the egress access is on Hellman. The park currently provides several facilities and services, such as: clubhouse, laundry room, pool /spa, basketball court, common area maintenance, and exterior fencing. Ordinance No. 798 Page 4 of 6 8.08.070 Effective Date of Assumption. The effective date of assumption of enforcement responsibilities of the State Mobilehome Laws shall be December 1, 2008. 8.08.080 Method of Enforcement. Not later than thirty (30) days from the effective date of assumption of enforcement as defined in Section 8.08.070, the City shall commence and thereafter diligently enforce the State Mobilehome Laws as follows: (a) Review and maintain relevant files provided by HCD and compare same with records on file with City. (b) Review pertinent building standards of the State relevant to mobilehomes and manufactured homes. (c) Ascertain the status of all permits-to-operate and construction permits, and enforce relevant requirements. (d) Investigate and resolve complaints as the need arises. (e) Perform periodic park maintenance inspections consistent with applicable law. (f) Take all other actions as are deemed appropriate in furtherance of State laws and regulations. 8.08.090 Use of State Forms When enforcing the State Mobilehome Laws, the City shall utilize the following• forms: (a) HCD 500A, Application for Permit to Operate; (b) HCD 5036, Annual Permit to Operate; (c) HCD 51 3B, Manufactured Home or Mobilehome Installation Acceptance (d) HCD 513C, Certificate of Occupancy (e) HCD 538, Plot Plan 8.08.700 Permits To Operate and State Fees. The City agrees to send a copy of all permits to operate and State fees to the Administrative Office of the Division of Codes and Standards of HCD no later than the 15t" of the month following the City's issuance of such permits and receipt of such funds." Ordinance No. 798 Page 5 of 6 Section 3. Transmittal of Ordinance. The City Clerk is hereby instructed to transmit a certified copy of this Ordinance to the Administrative Office of the Division of Codes and Standards of HCD within ten (10) days of the date of adoption which; in any event, shall not be less than thirty (30) days. before the effective date of assumption of enforcement responsibilities. Section 4. SeverabilitY. If any sections, subsections, sentences, clauses, phrases or portions of this Ordinance are for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase or clause of this ordinance whether or not any one or more sections, subsections, phrases or clauses may be declared invalid or unconstitutional on their face or as applied. Section 5. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. Please see the /ollowing page /or /ormal adop[ion, certi/ica[ion and signatures Ordinance No. 798 Page 6 of 6 PASSED, APPROVED, AND ADOPTED this 1st day of October 2008. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None ATTEST: • ~,~ Kathry L. S tt, CNTC, Acting City Clerk I, KATHRYN L. SCOTT, ACTING CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 17`" day of September 2008, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 1st day of October 2008. Executed this 2nd day of October 2008, at Rancho Cucamonga, California. Kath L. Sc tt, CMC, Acting City Clerk